If you are a trained fighter, does that mean punches count as assault with a deadly weapon?

Discussion in 'General Martial Arts Discussion' started by pabloholder, Apr 16, 2019.

  1. pabloholder

    pabloholder Banned Banned

    Famous actor arrested for fatal punch that led to death of elderly man

    QUESTION: Do MMA fighters, or anyone trained in martial arts get dealt with more severely in the court of law, simply due to the fact they can hit harder and their fists are registered as weapons?

    So I read on the news this man was charged with simple assault/battery, despite the elderly man dying from his punch four days later. His charges are not even upgraded to murder or manslaughter


    YET. War Machine (pro MMA fighter) beat up his ex-girlfriend (didn't kill her), and he was jailed for 36 YEARS
    [​IMG]

    PABLO Lyle kills elderly man with punch. Not MMA fighter. No murder or manslaughter, just assault charges
    [​IMG]
     
    Last edited by a moderator: Apr 18, 2019
  2. SWC Sifu Ben

    SWC Sifu Ben I am the law

    Their fists are not registered as weapons, that is drivel which has been floating around for decades. Any decent legal system will consider mitigating factors in cases where force is used, one of those would be training.
     
  3. Dead_pool

    Dead_pool Spes mea in nihil Deus MAP 2017 Moi Award

    Last edited: Apr 17, 2019
  4. Smitfire

    Smitfire Cactus Schlong

    One factor that may play into it is that some people (judges and jurys) have no idea what real violence is really like and can expect someone that has done "martial arts" to handle violence in a different way to someone else.
    They think you should be able to subdue 5 attackers with a flick of your wrist.
    So when you knock someone out or become involved in a real situation, even if your actions were within the law and justifiable there may be a higher standard (wrongly) applied to you.
     
    axelb likes this.
  5. Simon

    Simon Administrator Admin Supporter MAP 2017 Koyo Award

    Or, as you are better qualified to justify your actions and potentially end a physical confrontation differently to a non trained person, then you are in a better position in the eyes of those judging you.

    Not all self defence is created equally.
     
  6. axelb

    axelb Master of Office Chair Fu

    Fists registered as a lethal weapon?
    I'm sure I heard this somewhere, but I believe it must have been a JCVD movie.

    I can see how on some cases it may weigh against you in court. All the more reason to make sure you're clued up on what conflict you may have to deal with level headed outside the dojo.
     
  7. Mushroom

    Mushroom De-powered to come back better than before.

    Hands as registered weapons is a myth. However, it may harm your defence if you go around bragging that "you're a trained killer" etc and in Court, a prosecution can use that against you depending on the circumstances.
    Mostly of
    - kind of damage caused
    - ability to end the fight without harming the other
    - have the ability

    Also have to factor in knowledge. If non of the Judges etc know any Martial Arts/SD training, then it won't matter if youre personally trained by Bruce Lee himself or George Dillman. We all get tarred with the same brush.
     
  8. Mushroom

    Mushroom De-powered to come back better than before.

    Re: the article comparison.

    War Machine committed various degrees of assault, serious sexual assault, kidnap etc.
    He's a vile person.

    Can't comment on the 2nd person. It really depends on the build up of the incident and whether if the punch was intended to kill...which everyone argues as "no".
    Laws and Justice and Punishment is a fluid concept.
     
    axelb likes this.
  9. Black Wolf

    Black Wolf New Member

    "registered as deadly weapons" always made me laugh seeing as how, in MOST states, guns are NOT registered. There is NO federal gun registry and a lot of states have laws specifically PROHIBITING the registration of firearms. So..... NO, if my AK is not registered (it ain't), my hands really don't need to be.

    That said - every case is its own beast. They will consider ALL factors including a disparity of ability. Are you 5'2" 140# faced with a 6'2" 240# attacker? Are either of you particularly skilled due to training or experience? What was you intention? What was his? ALL of this will come into play. Then add the fact that - juries are comprised of humans, humans have emotions, and emotions can be manipulated. This means that even if you do everything correctly, you could be painted (by a skilled lawyer) as a psycho who went hunting because he needed to "test" his game.

    I've seen a lot of court (X cop) and, as much as I hate to say this, I think how much you spend on a lawyer matters more than whether or not you are a trained martial artist.
     

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